IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080005825
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded the Purple Heart and his service in Panama.
2. The applicant states, in effect, that these items were not annotated on his DD Form 214.
3. The applicant provides a copy of his DD Form 214; a copy of his Operation Just Cause Certificate; and a copy of a letter from General C ____ V_____.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 18 January 1989 through
4 February 1993. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman). He attained the grade of specialist/E-4. He was honorably discharged under the provisions of chapter
16-8, Army Regulation 635-200, by reason of the Fiscal Year 1992 Early Transition Program.
3. The applicant's official record contains a memorandum from the applicant's personnel administration sergeant, dated 23 January 1992, stating that the applicant was deployed to Panama on 10 December 1989 through 9 January 1990.
4. The applicant provided a copy of his Operation Just Cause Certificate showing that he participated in Operation Just Cause from 20 December 1989 through 20 January 1990.
5. The applicant provided a copy of a letter from General C____ V____, dated
5 February 1990. The General indicates that he was proud to visit with the applicant during his recovery and to award him the Purple Heart.
6. Permanent Orders Number 14-22, Headquarters, U.S. Total Army Personnel Command, dated 24 January 1990, awarded the applicant the Purple Heart for wounds received as a result of hostile action on or about 20 December 1989.
7. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5). Item 18 (Remarks) lists the name of the country to which deployed and the inclusive dates of service in the country. All awards and decorations earned during the period covered by the DD Form 214 are listed in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). Each entry is verified by the individual's service record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 does not show his service in Panama.
2. The memorandum from the applicant's personnel administration sergeant indicates that the applicant deployed to Panama on 10 December 1989 and returned on 9 January 1990. However, the Operation Just Cause Certificate the applicant provided states that he participated in Operation Just Cause from
20 December 1989 through 20 January 1990. Since he was wounded in action
on or about 20 December 1989, it would seem reasonable that he arrived in Panama prior to that date, and a date of 10 December 1989 would seem a more reasonable date or arrival. Regarding his return date, since an inconsistency exists in his return date as well, and the memorandum in the applicant's record was published 2 years after the event, the date on the applicant's Operation Just Cause Certificate will be accepted as his return date. As such, the applicant's record should be corrected to show he served in Panama from 10 December 1989 - 20 January 1990.
3. Permanent Orders awarded the applicant the Purple Heart. Therefore, his record should be corrected to show this award.
BOARD VOTE:
__X_____ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the statement "SERVICE IN PANAMA FROM 19891210 - 19900120" in Item 18 (Remarks) of the applicant's DD Form 214; and
b. adding the already-awarded Purple Heart to his DD Form 214.
_________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005825
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